Criminal Practice - ALL Flashcards

Question

When is delay to the right to have someone informed of arrest permitted?

Answer 1

A suspect has a right to have a **friend**, **relative**, or **other person** informed of their arrest. Delay is permitted only when: * The suspect is arrested on an **indictable only or either way** offence; * A police officer of the rank of **inspector or above** has authorised the delay **in writing**; and * The officer has **reasonable grounds to** believe that exercise of the right will lead to **interference with evidence, interference with others, alerting other suspects, or hindering the recovery of property** related to the offence. The right can be delayed a **maximum of 36 hours** and should be delayed only as long as necessary. Any delay must be **proportionate**.

Answer 2

The inspector can delay D's right to have someone informed of the arrest **up to 36 hours** to enable a search warrant to be obtained and a search carried out of D's home. **As soon as the search has been completed, D's right to have someone informed should then be granted.**

Answer 3

**24 hours** from the **relevant time** (i.e. when the suspect **entered the police station** not when booked in/arrested.

Answer 4

From the time the suspect **enters the police station** (i.e. not when they are booked/arrested)

Answer 5

* The suspect is arrested on suspicion of an **indictable only or either way** offence;* An officer of the rank of **superintendent** or higher authorises the continued detention; * The officer has **reasonable grounds** for believing further detention is necessary to **secure or preserve evidence or obtain evidence by questioning** and * The investigation is being conducted **diligently and expeditiously**.

Answer 6

A **warrant** for further detention must be sought from the **Magistrates Court**. The court can grant a **further 36 hours on first application** and an **additional 24 hours on second application**. The Magistrates' Court will authorise further detention if: * The suspect is arrested on suspicion of an **indictable only or either way** offence* The Court has **reasonable grounds** for believing further detention is necessary to **secure or preserve evidence or obtain evidence by questioning** and * The investigation is being conducted **diligently and expeditiously**.

Answer 7

24 hours - it is not an indictable only/either way offence

Answer 8

* A witness has **identified or purported to identify** a suspect* A witness expresses an **ability to identify** a suspect or * There is a **reasonable chance of an eyewitness being able** to identify a suspect.

Answer 9

When they have **not seen them in a long time**. Otherwise there is no need.

Answer 10

* **Test the witness's ability to identify** the suspect as the person they saw on the previous occasion and * Provide **safeguards** against mistaken identification.

Answer 11

The police may **take the witness to the scene** of the offence to see if the suspect can be identified locally. If this procedure is followed and a suspect is identified and arrested at the scene, a **formal identification procedure must then be carried out**.

Answer 12

An **identification procedure** should be carried out to see if W can identify D as the perpetrator in a controlled environment.

Answer 13

There is **no point in carrying out an identification procedure** because W will be able to recognise D from their work in the office.

Answer 14

**Yes**, an identification procedure should be carried out to see if W can identify D as the perpetrator as they have not seen eachother in a long time.

Answer 15

* To have the **purpose** of the procedure explained* To have free legal **advice** and to have a **solicitor or friend** present* To have their **obligations explained** and the **consequences** of their decisions (i.e. they **need not cooperate**, but a procedure may still be conducted **covertly** and the **failure to cooperate may be raised** at trial) and* If the suspect **changes their appearance** (e.g. shaves their beard off, cuts their hair short, or changes hair style) between the notification and conduct of the procedure, it may affect the conduct of the procedure and **may be raised at trial**

Answer 16

* **Video** identification (most common)* Identification **parade*** **Group** identification* **Confrontation**| Set out in Code D of Pact 1984

Answer 17

* Moving images of the **suspect and eight or more others** are shown to the witness. * The others must **resemble** the suspect.* The suspect and their solicitor must have a chance to raise **reasonable objections** which should be heeded.* The witness must be **shown images at least twice** and be **warned** that the suspect may not be featured in the videos. * If there are multiple witnesses, they must be **separated**

Answer 18

* The **suspect and eight or more others** who resemble the suspect **appear in a line**. * The suspect may **object to arrangements and participants** and may **choose their position** in the line. * The witness must be **warned** that the suspect may not be featured in the parade. * If there are multiple witnesses, they must be **separated** * The parade should be **recorded** or **colour photographed**.

Answer 19

* The witness sees the **suspect in an informal group**. * This procedure may take place **with or without the suspect's consent** (i.e. may be in secret) * The **location** should take into account the appearance of others present e.g. you wouldn't ID a 17 year old at the foyer of the Royal Opera House as it would make the suspect stick out conspicuously. * A **color photograph** or **video** should be taken immediately after identification.

Answer 20

* The witness must be **warned** that the suspect may not be present. * The suspect's **solicitor or friend may be present** unless it would cause undue delay. * The suspect should **not be restrained** at the time of the identification. * The witness is asked, "**Is this the person you saw on the earlier occasion**?" This procedure is very **rare** and usually takes place at the police station.

Answer 21

The others in the procedure must resemble the suspect in:* **age**, * **height**, * **appearance**, and * **position in life**, and * any **distinguishing features must be concealed** e.g. tattoos, scars etc.

Answer 22

* Failure to **take into account reasonable objections** to the appearance of others in the identification procedure* Failure to **keep the witness away from the suspect** before or during the identification process* Failure to **keep witnesses apart** before or during the identification process* Failure to **warn witnesses** that the suspect might not be shown at all.

Answer 23

* If there is a breach of Code D, it **may** lead to the identification evidence being excluded. * The court will consider whether its admission would have such an **adverse effect on the fairness** of trial that it ought to be excluded

Answer 24

* The interview takes place in an **interview room** and is recorded * The recording **has** to comprise an **audio** recording but **may** also include a **video** recording. * It is common practice for interviews to be recorded onto **two audio tapes**: a **master** copy and a **working** copy.

Answer 25

If a suspect seems **unable** to:* **appreciate the significance** of the questions or answers, or * **understand** what is happening owing to intoxication or any other condition.

Answer 26

D cannot be interviewed **until they can appreciate the significance** of the questions and their answers. In practice, they will be left to sleep it off in a police cell until they are fit for interview.

Answer 27

* Legal representation * Silence

Answer 28

**Inspect the custody record**. * A custody record is a log of a suspect's time in detention at the police station maintained by the custody officer**Obtain disclosure** prior to interview from the investigating officer. * There is no duty upon the police to provide a legal representative with any evidence, but they must **provide sufficient information** for the representative to understand the **nature** of the offence and the **reasons** why the detainee is under suspicion. * The legal representative will seek to gain as much information as possible from the police in order to inform their advice to their client. **Advise their client whether to answer questions** during the interview.

Answer 29

A **warning** given to the suspect at the start of the interview, setting out the suspect's rights in the interview.**Right to silence and no obligation to answer*** "You do not have to say anything"**Adverse inference may be drawn*** "But it may harm your defence if you do not mention, when questioned, something you later wish to rely on in court"**Purpose of interview is to gather evidence*** "Anything you do say may be given in evidence"

Answer 30

The judge or jury may draw an **adverse inference** from D's failure to put forward this account during police interview.

Answer 31

**No**. The failure to advise D about their right to silence at the start of the interview is likely to result in the exclusion of the interview from evidence at trial. The defence should object.

Answer 32

The **recording**. If the interview wasn't properly recorded, it would very likely be excluded.

Answer 33

A special caution must be given If the defendant's **presence** at the scene of the offence or an **object** (e.g. hammer), **substance** (e.g. white powder), or **mark** (e.g. blood) found on the defendant at the time of arrest is a relevant factorThe caution must:* outline what **offence** is being investigated and * what **fact** the suspect is being asked to comment on,* before warning that an **adverse inference may be drawn** if they fail to provide an account now that they later rely upon in court.

Answer 34

A **special caution**, warning D that: (1) D is suspected of affray; (2) the interviewing officer wants D to explain why they have a screwdriver in their possession; (3) the interviewing officer believes D may have had the screwdriver in their possession due to their involvement in the affray; (4) the court may draw an inference if D does not account for having a screwdriver in their possession; and (5) a record of the interview may be given in evidence if it goes to trial.

Answer 35

* **Answer questions** and give a full account in the interview* **Decline to answer questions** (saving "no comment" or remaining silent throughout) or * **Hand in a written statement** setting out their account and decline to answer any further questions Example: D is arrested on suspicion of burglary, involving the theft of tools from a workshop. D was not involved in the burglary and has an alibi. However, D knows who committed the burglary and took receipt of the stolen items before helping to sell them to third parties. D may opt to provide a written statement detailing their alibi but decline to answer further questions to avoid implicating themselves in further offences.

Answer 36

If a suspect does not want an adverse inference to be drawn, can provide an account exonerating them and also has information incriminating themselves or someone else.

Answer 37

* **Youths** (persons under the age of 18) and * Suspects with **mental disorders** or **other vulnerabilities**.An important safeguard is that vulnerable suspects are **entitled to access to an appropriate adult**.

Answer 38

The **custody officer** at the beginning of a suspect's detention.

Answer 39

An appropriate adult can be:* the suspect's **parent or guardian**, * a **representative from a care organisation** when appropriate, * a **social worker**, or * a **volunteer who is not affiliated with the police**.They can **provide support and explanation** to the suspect during their time in custody. * The appropriate adult should be **present** during the interview of a vulnerable suspect. * When appointing an appropriate adult, the **wishes of the suspect** should be taken into account* If a suspect is vulnerable and an appropriate adult was not called in (by accident or otherwise), the **admissibility of any evidence** obtained during interview may be excluded

Answer 40

The information obtained during the interview **may be deemed inadmissible** as a result.

Answer 41

* Suspect is deemed to be **fit for interview*** They have **received appropriate legal advice** * They have the support of an **appropriate adult if applicable**

Answer 42

Oppression includes* **torture**, * **inhuman or degrading treatment**, and * the **use or threat of violence**. Interviewing officers must ensure there is no oppression in the interview and should **avoid too many officers being present** during the interview.Solicitors should be on the look out for shouting, very aggressive behaviour etc.

Answer 43

Anything **encouraging the defendant to confess** e.g. a promise of a police caution, warning or bail, offer of early release, McDonalds, cigarette, promise of access to legal advice (contrary to the suspect's right to legal advice) or notification of third parties.The interview must be conducted in a room which is **heated, ventilated, and lit**

Answer 44

Only role is to **protect and advance the legal rights of their client** in the face of the police investigation. This includes:* **protecting the suspect's rights** under PACE * **obtaining disclosure** from the police* **advising the suspect on answering questions** in the interview. This may require the solicitor to give advice which has the effect of the client avoiding giving evidence which could strengthen a prosecution case. * In interview, a **solicitor may intervene** in order to seek **clarification**, **challenge an improper question or manner** of questioning, **advise their client** not to reply to particular questions, or ask for the **interview to be halted** to give the suspect further legal advice.

Answer 45

The legal advisor should, in these circumstances, **intervene** and **remind the officers of their duties under PACE**. The admissibility of the interview will be open to challenge when police officers have not complied with their duties under PACE.

Answer 46

**Obstructing** the conduct of the interview:* **telling the suspect what to say** during interview or* **answering** on the suspect's behalf. If a solicitor obstructs the interview, they **may be removed from the room** (note, they should be warned first). This must be authorised by a **superintendent** and is extremely rare. In such circumstances, the defendant would be **entitled to speak with another solicitor**.

Answer 47

A superintendant

Answer 48

**No**, by prompting the suspect on their answers (or worse still, answering for them), the solicitor is obstructing the conduct of the interview and may be removed.

Answer 49

**No**, the solicitor did not commit misconduct and the admissibility of any evidence obtained after the wrongful removal of the solicitor will be very vulnerable to challenge under s76 or 578 PACE.

Answer 50

The **custody officer**, after the interview is concluded and evidence is gathered. * They will **hear submissions** by the defence representative before making a decision. * The custody officer must take into account the same factors used in deciding the grant of court bail.

Answer 51

The defendant will be produced at the **Magistrates' Court at the next available hearing**. There is **no prescribed procedure** for a bail hearing.* If there are **objections** to granting bail, the prosecution will generally outline the objections to bail first (e.g. why conditions are inadequate), and the defence will then present its arguments for bail and propose conditions to address any objections. * The **rules of evidence are necessarily more relaxed** in bail hearings as compared to an actual trial, as evidence has generally not yet been collected or served* In rare cases, a **witness** might be called (e.g. defence might call a witness to confirm the details of a bail address).* If bail is **refused or if conditions are imposed**, the court must give its **reasons** for doing so in open court. If the court refuses bail, the court will issue to the defendant a **certificate of full argument**, which is a document that states the court heard full argument on the application for bail before it refused the application.

Answer 52

Defendants have a **general right to bail** (except in the case of murder). The court can remand a defendant into custody only if it finds: * an **exception** to the right to bail applies **and** * there is a **real prospect of a custodial sentence** being imposed if convicted. If a charge is not punishable by a prison sentence, the defendant is automatically remanded on bail.

Answer 53

* There are **substantial grounds** for believing that the defendant would **fail to surrender**, **commit further offences** whilst on bail, or **interfere with witnesses** or **otherwise obstruct justice**. * They are charged with an offence that can be tried in the **Crown Court** (the more serious crimes, such as burglary, arson, grievous bodily harm ('GBH')), and they were **on bail at the time** of the offence* Custody is for their **own protection*** There are **substantial grounds** for believing that the defendant would commit an **offence on bail that would cause (or cause fear of) physical or mental injury to an associated person**, which includes spouses, (former) partners, children, and relatives of the defendant* They are **already serving a custodial sentence*** There is **insufficient information** to make a decision on bail* They have **failed to surrender or breached** bail conditions in the **same proceedings**.

Answer 54

Court will consider anything it considers to be relevant including: * The **nature and seriousness** of the offence and the **probable method** of dealing with it (custody, community order, fine)* The defendant's **character**, previous **convictions**, **associations**, and **community ties** (previous convictions make bail less likely to be granted. Strong community ties, links to reputable organisations, and having a good character record all make bail more likely to be granted)* The defendant's **record on complying** with bail obligations* The **strength of the evidence** (the stronger the evidence, the less likely bail will be granted) and * The **risk** that the defendant might engage in conduct that would, or would be likely to, cause physical or mental injury to another.

Answer 55

The **nature and seriousness of the offence** may mean there are substantial grounds for believing the defendant may fail to surrender, as the likelihood of a lengthy custodial sentence upon conviction is high.

Answer 56

The defendant's **character, previous convictions, associations, and (lack of) community ties** may mean there are substantial grounds for believing they would fail to surrender.

Answer 57

Conditions must be * **relevant**,* **proportionate**, and* **enforceable**.As long as conditions meet this criteria, **any condition** can be imposed by the court. They are imposed to minimise any risk of further offending, absconding or interfering with witnesses.

Answer 58

* Requiring the defendant to reside at a **specified address** (e.g. with a relative or at a bail hostel)* Requiring the defendant to **report to a local police station** at specified intervals * Prohibiting the defendant from going to a **particular area*** Prohibiting the defendant from **contacting certain, named individuals** (such as victims or witnesses) e.g. domestic violence cases* Requiring the defendant to comply with a **curfew*** Requiring the defendant to wear an **electronic tag** and * Requiring the defendant to obtain a **surety** who can post **security** that will be forfeited if the defendant fails to surrender.

Answer 59

When there is a **concern about interference with witnesses, further offences, and absconding**. Example: * D hit their neighbour in a boundry dispute. The neighbour is a key witness and there is risk of further offences if the two meet* A gang member involved in violent crimes with other members of a gang and they are jointly charged is at risk of reoffending if they are near the gang.

Answer 60

If there is a risk of **absconding** and to keep the **need to attend court**, and the **issues** that will arise if the defendant fails to attend **fresh in the defendant's mind**. * The police will be immediately aware if the defendant absconds. * Weekly, twice weekly, daily, or even twice daily reporting can be imposed.

Answer 61

* **Security** is **money paid into court** before (i.e. cash or cleared funds) the defendant is allowed out on bail. * **Surety** is **money promised to the court by third parties** with documentary evidence (e.g. bank statement or mortgage statement with house valuating), like family members. It's only paid if the defendant does not answer his bail or turn up to court. A good bail application for a serious offence would include a **combination** of both security and surety. The amount offered should be a **good proportion of the assets** of the person providing the surety or security i.e. enough that it would **financially hurt the provider** if the defendant fails to surrender to bail to provide a clear incentive to surrender.

Answer 62

The **presumption is against release**.* A defendant charged with murder may not be granted bail **unless there is no significant risk** that the defendant would commit an offence likely to cause **physical or mental injury** to another person. * Only by a **Crown Court Judge** can hear applications for bail in murder charges.

Answer 63

* A **court must consider bail at each hearing*** A defendant may make only one further bail application based on the **same facts and submissions** (so **two applications** in total). * A defendant may make additional requests for bail only if there is a **change of circumstance** (e.g. new evidence that weakens the prosecution case or a new bail address).

Answer 64

**Yes**, D may now make an additional application for bail, as there is a change of circumstance.

Answer 65

If a defendant **breaches** their bail conditions:* they can be **arrested without a warrant*** their **bail also can be withdrawn**, or * the court can impose **more stringent conditions**.

Answer 66

If a defendant fails to surrender to bail, they commit a **separate offence** and **risk their bail being revoked**.

Answer 67

If **over 18**, first court appearance in the **Magistrates' Court**.* Defendant will be asked to provide their **name** and **date of birth**. * The **defendant pleads** guilty or not guilty. * If the defendant pleads **guilty**, the court will **proceed immediately to sentence** unless pre-sentence reports are required * If the defendant pleads **not guilty**, a date for **trial will be set** around six to eight weeks hence, and **orders regarding disclosure** will be made.

Answer 68

If **over 18**, first court appearance in the **Magistrates' Court**.* Defendant will be asked to provide their **name** and **date of birth**. * Court proceeds to the **plea before venue** process.

Answer 69

If **over 18**, first court appearance in the **Magistrates' Court**.* Defendant will be asked to provide their **name** and **date of birth**. * Matter is **sent immediately to the Crown Court** for trial.

Answer 70

* Obtaining **disclosure** from the prosecution* Taking **instructions** from defendant* **Advising** the client * Applying for a **representation order*** Making an **application for bail**

Answer 71

**Very little information** is disclosed at first appearance, as the matter must be sent directly to the Crown Court.

Answer 72

The amount of disclosure available is **determined by whether the defendant was in custody** prior to first appearance at court (and therefore produced more quickly than if he had been remanded on police bail). **If produced from custody**, the prosecution provides:* a **summary of the offence** and * a **list of the defendant's previous convictions** **If defendant appears on bail**, the prosecution may also provide:* an **outline of the interview**, * **witness statements**,* **exhibits** * **victim's impact statement** * **other available evidence** e.g. CCTV

Answer 73

If a **representation order** is already in place.

Answer 74

* The defence solicitor must seek to get **a clear account** from the defendant on **their account** and **their views on the prosecution evidence** including witness statements.* Note, there **may not be time to take a full statement** from the defendant at court but this information is crucial.

Answer 75

* The duty to **advance their client's best interests** and* The duty **not to mislead the court**. If these **two duties conflict** with each other, a solicitor must give the client **careful advice** on their chosen course of action. If the **conflict cannot be resolved**, the solicitor will have to **withdraw** from the case.

Answer 76

* The solicitor must give the defendant **careful advice** on the strength of the evidence and on credit for an early guilty plea (a reduction in sentence for pleading guilty and avoiding an unnecessary trial). * If D still intends to plead not guilty, the solicitor must **warn D that the solicitor will not be able to mislead the court**. * This means that the solicitor can still act for D and test the prosecution's case, but the solicitor **cannot advance an alternative account**, as to do so would amount to professional misconduct.* If D does not accept this position, the solicitor will be obliged to **withdraw** from the case.

Answer 77

* The **strength of the evidence** against the defendant and the likelihood of conviction* The **likely sentence** if convicted, including **credit for an early guilty plea** * The **steps needed** to prepare the defendant's case (such as obtaining further evidence) and * Court procedure, particularly on **advantages and disadvantages of Magistrates' Court or Crown Court** trial for defendants intending to plead not guilty to either way offences

Answer 78

The **defendant only** and a solicitor must never tell their client how to plead.

Answer 79

An **application for funding** which is **submitted to the court** dealing with the case. The defendant must satisfy **two requirements** for an order to be awarded: * The **interests of justice** test and* The **means** test. This application must be made unless the defendant is **privately funded** or the case is **pro-bono**

Answer 80

* Whether the defendant is likely to **lose their liberty or livelihood** or suffer serious **reputational damage** * Whether the case requires the determination of a **substantial question of law** (e.g. challenging identification/hearsay/bad character evidence or inferences from silence)* If the defendant is **unable to understand** the proceedings or state their own case (i.e. vulnerability due to age, poor grasp of English etc.)* If the case may involve tracing **witnesses**, interviewing them, or expertly cross-examining them * If it is in the **interest of another person** (e.g. when the case may involve cross-examination of a complainant in a sexual or violent offence)

Answer 81

* The **seriousness and nature** of the offence * Previous **good character and standing** of the defendant. * If the defendant is subject to a **suspended sentence** or **community order** this could also be considered as it makes a custodial sentence more likely.

Answer 82

**Automatically** if the defendant:* is **under age 18**, or * is in receipt of **income support**, income-based Job Seeker's Allowance, a state pension, or income-related support allowances or benefits, **All other defendants need to prove** (by producing relevant documentation) that their **means are sufficiently low to qualify** for legal aid. * Currently, the threshold is **£3,398 of annual disposable income** (after all deductions and adjustments have been made). * If their disposable annual income is **over £3,398 but less than £37,500**, they will be entitled to some **limited legal aid**.

Answer 83

* **Charge** is read out.* The **clerk explains** that the **defendant may indicate** if they would plead guilty if the matter were to proceed to trial and that, if the defendant indicates they would plead guilty, the court would **treat that as a guilty plea and proceed to sentencing*** The **clerk asks the defendant** whether they would plead guilty or not guilty.* If defendant indicates **guilty** plea, the court **proceeds to sentence** (this can include sending to Crown Court for sentencing)* If defendant indicates **not guilty** plea or **does not give an indication**, the court **proceeds to allocation**.

Answer 84

Either way offences

Answer 85

It tries to deal with the difficulty that:* the defendant **should not be asked to plead** until they know **what court** is hearing the case but * part of **deciding where** the case should be heard is having some idea of **how the case is likely to progress**, i.e. what the plea is likely to be.The plea before venue process is designed to bridge that gap.

Answer 86

The **advantages** and **disadvantages** of electing trial in the Magistrates or Crown Court.

Answer 87

* Court's **limited sentencing powers** (six months' imprisonment for a single/multiple summary only or 12 months for single/multiple either way offences)* relative **speed** and * relative **low cost** of conducting a trial (which may mean a lower contribution towards costs if convicted), and* **less stringent disclosure requirements** on the defence (there is no obligation to serve a defence case statement).

Answer 88

Greater benefits if wanting to plead **not guility** including:* **Higher rates of acquittal** than in the Magistrates' Court,* More **effective processes for challenging admissibility of evidence** (in absence of the jury), and * **Longer delay before trial**, which makes gathering evidence more practical within the time limits.

Answer 89

* Magistrates' **Court decides whether or not to accept jurisdiction*** **Defendant decides** between Magistrates' Court and Crown Court if the Magistrates' Court accepts jurisdiction.

Answer 90

* The defendant's **previous convictions*** Whether the court's **sentencing powers are adequate**, including the adequacy of the court's aggregate sentencing powers when more than one offence is charged, taking into account the sentencing guidelines and* **Representations by the defence and prosecution** on mode of trial and the adequacy of sentencing powers. If the Magistrates' Court declines jurisdiction, the case is sent to the Crown Court for trial.

Answer 91

If they consent to summary trial, the **case can still be committed to the Crown Court for sentence**.

Answer 92

The court will **set a trial date**.

Answer 93

The matter will be **sent directly to the Crown Court**.

Answer 94

* The defendant can ask the court for an **indication whether the sentence would be custodial or non-custodial if they were to plead guilty** and accept summary proceedings* The **court is not obliged** to give an indication. * If an **indication is given** and the **defendant changes their plea** to guilty, the **court is then bound** to follow this indication in sentencing. * If the court **gives an indication** but the **defendant then maintains their not-guilty plea**, the **court is not bound** to follow the indication if the defendant is later convicted.

Answer 95

If an **indication is given** and the **defendant changes their plea** to guilty, the **court is then bound** to follow this indication in sentencing.

Answer 96

Low value theft (**up to a value of £200**) adopts a hybrid procedure. * The offence is treated as a summary only offence in that the **Magistrates' Court cannot decline jurisdiction**. * However, it is treated as an either way offence in that the **defendant can still elect Crown Court** trial.

Answer 97

That **D may elect Magistrates Court trial or Crown Court trial**. If D consents to trial in the Magistrates' Court, the court will not be able to decline jurisdiction and the offence will be dealt with as summary only.

Answer 98

* The **defendant or a co-defendant** is charged with an **indictable only offence** alongside the either way offence (if appearing on **both charges on the same occasion**, the offence **must** be sent to the Crown Court, whereas if **appearing on a separate occasion**, the offence **may** be sent to the Crown Court)* Notice is given by the prosecution to the court that this is **a serious or complex fraud case** or that the case involves **child witnesses** whose welfare is best protected by Crown Court trial (e.g. in cases of child cruelty or certain sexual offences).

Answer 99

Magistrates' Court takes an active role in case management:* A **case management form** is completed by the court's legal advisor with help from the prosecution and defence* Court then gives **directions**

Answer 100

* Details of **witnesses to be called*** Details of **agreed prosecution witnesses** (whose statements can be read)* Estimated **length of trial*** Any **likely applications** to the court* Any **special arrangements** (such as an interpreter) and* Confirmation that the **defendant has been advised** on **credit for early guilty plea** and that the **trial will proceed in their absence** if they fail to attend.

Answer 101

**Prosecution** * must serve its **evidence within 28 days** of the hearing **Defence*** **Within 21 days**: raise any **points of law** * **Within 14 days**: serve a **defence statement** (if it is to be served)* **Within 7 days**: notify which **prosecution witnesses** are required to attend and serve **certificates of readiness**

Answer 102

* A **preliminary hearing** for indictable only offences may be held **within 14 days** of being sent in certain circumstances* A **plea and trial preparation hearing** takes place 28 day after the case was sent for both indictable only and either way offences

Answer 103

* The trial is **likely to last more than four weeks*** There are **case management problems to address*** An **early trial date** is needed* One of the defendants is **under age 18*** There is **likely to be an early guilty plea**.

Answer 104

* The defendant will be **arraigned** (i.e. plea taken)* Sometimes, the prosecution will agree to '**offer no evidence**' on some counts **if the defendant pleads guilty to others**, or to let some counts '**lie on the court file**' (i.e. the count will not be pursued in exchange for the defendant's guilty plea to other counts) * Defendant may ask for a **Goodyear indication** before entering a plea**Guilty Plea** * Court will **proceed to sentencing**. **Not Guilty*** Judge will **set a trial date** after advice from counsel on various matters

Answer 105

* Defendant may ask for an **indication of sentence** in the Crown Court before entering a plea* If the judge agrees to **give an indication** and the defendant then **pleads guilty**, the **judge will be bound** by their indication.

Answer 106

* **Facts** of the case (indicate length and complexity of trial)* The number of **witnesses*** Their **availability** * Whether **special measures** (such as giving evidence via video link or from behind a screen) will be needed* Whether there are **any issues arising from the defence case statement** * **Evidential issues** including the adequacy of prosecution evidence, expert evidence, hearsay and bad character* Any **other matters of law**.

Answer 107

An **ongoing duty** to disclose:* **all the evidence upon which it intends to rely** at trial and * **any unused material** which might **reasonably be considered capable of undermining the case** for the prosecution or **assisting the case for the defence**. If the prosecution seeks to **withhold disclosure of sensitive material** (e.g. material that would compromise national security or intelligence operations), an **application must be made to court in chambers** to withhold the material on the grounds of public interest immunity.

Answer 108

Ordinarily **50 days** (or **70 if the defendant is on bail**) to complete disclosure.

Answer 109

If it makes a successful **application must be made to court in chambers** to withhold **sensitive material** (e.g. material that would compromise national security or intelligence operations), on the grounds of **public interest immunity**.

Answer 110

**Yes** as a part of the unused material, as it potentally undermines the prosecution's case and assists the defence.

Answer 111

A **summary of the basis of the defence** (rarely served in the Magistrates' Court). This must set out the **nature** of the defence, including:* what **facts of the prosecution case are disputed**, * what **alternative facts** the defence alleges, * what **points of law** the defence wishes to raise, and * details of **any alibi** witness, if relevant. If the defence **fail to serve an adequate defence case statement on time** that reflects the defence put forward at trial, an **adverse inference may be drawn**. The defence case statement is **deemed to be approved** by the defendant.

Answer 112

The defence have **28 days** to serve a defence case statement on both the **prosecution** and the **court**.

Answer 113

An **adverse inference** may be drawn.

Answer 114

A witness who **saw** the commission of the offence gives **evidence on the offender's appearance or identity*** It is **notoriously unreliable** because honest witnesses can nevertheless be mistaken. * If the identity of the offender is **likely to be disputed**, the police will hold an **identification procedure**. * **Turnbull guidelines** **(ADVOKATE)** must be followed if a case wholly or substantially relies on identification evidences and the defendant disputes the evidence.

Answer 115

* If a case **wholly or substantially** relies on identification evidence and the defendant **disputes** the identification evidence* Note: they are **only for the identification of people** - the are not used e.g. when a witness describes a car etc.

Answer 116

These guidelines **set out factors to determine the strength of the identification evidence**.* **Amount of time** the witness observed the suspect * **Distance** between the witness and the suspect* **Visibility** at the time of the observation* **Obstruction** between witness and suspect (e.g. a tree or other impediments to view)* **Known** or unknown to the witness (less likely to be mistaken if known)* **Any reason to remember** the suspect (e.g. limp, tattoo etc)* **Time lapse** between the incident and the identification procedure* **Errors** in the witness's first description of the defendant's appearance

Answer 117

**Withdraw** the case from the jury and **direct acquittal**

Answer 118

Leave the case to the **jury** to decide and give a **Turnbull warning**.

Answer 119

Leave the case to the **jury** to decide and give a **Turnbull warning**.

Answer 120

By going through the factors set out in ADVOKATE in cross-examination of the identification witness.

Answer 121

Here, the identification is very weak, as it is made within a short period, from a significant distance, and with poor visibility. The defendant is not known to the witness, and there is a discrepancy between the first description and D's appearance. The judge is likely to **withdraw** the case from the jury in these circumstances.

Answer 122

The identification evidence is clearly very strong. The case should be **left to the jury** to decide. The judge though, will give a **Turnbull warning** to the jury in the summing up.

Answer 123

In the **summing up** at the end of the trial, the judge must give the jury a Turnbull **warning on the identification evidence**, which has a set script. The judge should: * Warn of the **special need for caution** before convicting the defendant in reliance on identification evidence, explaining that a **mistaken witness can be convincing** and (when there is more than one witness) that **several witnesses can be mistaken*** Ask the jury to **consider the circumstances** in which the witness identified the defendant; and * **Refer to particular weaknesses** with the identification evidence, considering the factors set out in ADVOKATE.

Answer 124

**No**. * However, remaining silent at various stages of the criminal investigation and prosecution may lead to **adverse inferences** being drawn. * Such adverse inferences can **weaken the defence**, but a defendant cannot be convicted on the basis of an adverse inference alone.

Answer 125

**No**, they can only weaken the defence. The prosecution must raise a **prima facie case** (i.e. set out some proof on all elements of the offence)

Answer 126

* Fact upon **charge*** Evidence **at trial*** **Object, mark or substance*** **Presence** at scene

Answer 127

* **Failure to mention** fact when **questioned** or **charged** which defendant could **reasonably be expected to mention** * Legal advice to remain silent will not necessarily preclude inference * **Triggered by putting forward explanation at trial**

Answer 128

**Failure to give evidence at trial** unless the defendant's **physical or mental condition makes it undesirable** for them to give evidence

Answer 129

**Failure to account** for object, substance, or mark found on defendant's person, clothing, or footwear in their possession **at the time of arrest**

Answer 130

**Failure to account** for presence at scene of a suspected offence

Answer 131

When the defendant's **physical or mental condition makes it undesirable** for them to give evidence

Answer 132

A **statement**, **not made in oral evidence**, that is **relied on as evidence** of a matter in it.* It is second-hand evidence that is produced in **writing** or when **someone testifies in court to something someone else told them out of court**. * It is generally deemed less reliable as the **truth of the content cannot be tested** by cross-examination in court. * There are very strict rules of admissibility under **statute**, **rule of law**, **agreement by all parties**, or **in the interests of justice**Common examples include: * witness testifying to an **out of court statement** e.g. arresting officer providing statement on what a defendant said upon arrest* witness **statements read out in court** (rather than the witness attending in person) and * **business documents** produced in court e.g. company account records.

Answer 133

This evidence is **hearsay**, as it is evidence of something said outside of court, offered as evidence that the defendant's account is false.

Answer 134

The written statement is **hearsay**, as it is a statement not made in oral evidence that is relied on as evidence of the assault taking place.

Answer 135

Hearsay is admissible **only if it falls under one of the four categories** of admissible hearsay evidence:* Admissible under **statute*** Admissible by rule of **law*** Admissible by **agreement of all parties** or* Admissible in the **interest of justice**.

Answer 136

* A **witness is unavailable**.* A **business document** may be adduced in certain circumstances e.g. company accounts* **Statements were prepared** for use on criminal proceedings and the **relevant person cannot be expected to recollect** the matter e.g. often used for adducing police officer reports. * There are **previous consistent or inconsistent statements** of a witness e.g. to challenge a witness' altered account or to show they have been consistent throughout* **Expert evidence** is adduced. * There is a **confession**

Answer 137

A witness is considered unavailable if they are: * **dead** ('unavailable without a seance'), * **unfit** owing to **bodily or mental condition**,* **outside of the UK** and it is not reasonably practicable to secure their attendance, or * **unable to be found** despite reasonably practicable steps having been taken to find them. * **not giving evidence through fear** and the court gives leave for a written or recorded statement to be given in evidence

Answer 138

If: * the document was **created** or **received** in the course of **trade**, **business**, **profession**, or other **occupation**, * the person who supplied the information may **reasonably be supposed to have had personal knowledge** of the matter, **and** * (if the information was **received by other persons**) it was done in the course of **trade**, **business**, **profession**, or other **occupation**.

Answer 139

* **Confessions** or **mixed statements** (partly inculpatory and partly exculpatory e.g. a man saying in a pub "I pushed her but I didn't mean for her to die") by the defendant* Statements made **contemporaneously to the offence** (e.g. when a witness to an attack on V shouts "Break his neck like we agreed", this may be adduced as hearsay evidence that D had intention to cause GBH at the time of the attack); and * Statements preserved by **res gestae** (i.e. the circumstances), which includes the following: 1. Statements made when a person is **so emotionally overpowered** by an event that the possibility of concoction or distortion can be disregarded (often used in domestic violence trials)2. Statements **accompanying an act which can only be properly evaluated in conjunction with the statement** and 3. Statements relating to a **physical or mental state**.

Answer 140

The prosecution may seek to adduce the victim's original statement as hearsay evidence on the basis that the victim was **so emotionally overpowered at the time of making the statement that concoction or distortion can be disregarded**.

Answer 141

Agreed witness statements (i.e. they are not disputed)

Answer 142

This is a **safety net** provision for the courts. The court must consider: * The **probative value** of the statement to a matter in issue* What **other evidence could be given*** How important the evidence is in relation to the **case as a whole*** The **circumstances** in which the statement was made* How **reliable the maker** of the statement appears* How **reliable the evidence of the making of the statement** appears* Whether **oral evidence of the matter stated can be given** * The amount of **difficulty in challenging** the statement and * The extent of the **likely prejudice** caused.

Answer 143

A statement has been **relayed through more than one person** before it gets to court e.g. A tells B that C told him he murdered his wife Multiple hearsay is subject to **stricter rules** and admissible only if: * it is a **business document*** it is an **inconsistent statement*** it is a **consistent statement*** all **parties agree** **or*** the value of the evidence is so high that it is **in the interests of justice**.

Answer 144

Any statement **wholly or partly adverse to the person** who made it, **whether or not made to a person in authority** and whether made **in words or otherwise**. * **Mixed statements** are also confessions. * Confessions are a **particular type of hearsay** with special provisions relating to when they are admissible.Example: D is charged with assault occasioning actual bodily harm on V. Upon arrest, D states "I hit them, but it was only in self-defence". This is a mixed statement, admitting part of the offence but simultaneously putting forward a defence.| s76 PACE 1984

Answer 145

If they are **relevant to a matter in issue** (i.e. if it goes to proving or disproving some fact in issue in the prosecution). The defence can **challenge the admissibility** of a confession either on the basis of:* **mistake** (the listener misheard) or * **untruth** (this includes confessions obtained by **oppression** or by **things said or done likely to render the confession unreliable** provided there is a **causal link**). If challenged, the **prosecution** must show **beyond a reasonable doubt** that neither opression or things said or done likely to render the confession unreliable apply. If they do not, the confession **must be excluded**| s76 PACE 1984

Answer 146

Something is relevant if it goes to **proving** or **disproving** some **fact in issue** in the prosecution.

Answer 147

**Mistake*** showing listener misheard**Untruth*** demonstrating a **causal link** * between the **oppression** (torture inhuman or degrading treatment, and use or threat of violence) **or** the **things said or done likely to render the confession unreliable** (including inducements e.g. bail/caution/get out quicker, misrepresenting the strength of the case, questioning an unfit suspect) * and the **confession** made.

Answer 148

If the confession was **made independently** of the oppression or the things said or done, then it will not be excluded.

Answer 149

**Prosecution**, beyond a reasonable doubt.If they fail, the confession **must** be excluded

Answer 150

The prosecution will have to satisfy the court, beyond reasonable doubt, that **oppression was not used to obtain the confession**.

Answer 151

The officer has **misrepresented the strength of the prosecution case**, and admission of the confession **can be challenged on the grounds of unreliability**, as D has been misled on the strength of the prosecution case.

Answer 152

The admissibility of the confession **can be challenged on the grounds of unreliability**, as D was offered an **inducement** to confess.

Answer 153

The admissibility of the confession **can be challenged on the ground of unreliability**, as D was arguably **not in a fit state** to be interviewed.

Answer 154

**Magistrates' Court**: * The **bench** decides matters of both fact and law. * If the bench rules a confession inadmissible, they **must then put the confession from their mind** and decide the case without it. **Crown Court**: * The **judge in absence of the jury** (matter of law not fact) * This happens in a **voir dire** hearing. * The jury will **not know the nature** of the matter being discussed and **will not be informed of the outcome**.

Answer 155

* A hearing in which the **judge in absence of the jury** decides on the admissibility of a confession. * The jury will **not know the nature** of the matter being discussed and **will not be informed of the outcome**.

Answer 156

Admissibility of confessions as hearsay evidence.

Answer 157

The court's **discretion to exclude evidence** offered by the prosecution if it appears to the court, considering all the circumstances, that **admission** of the evidence would have an **adverse effect on the fairness** of the proceeding.

Answer 158

If it appears to the court, considering **all the circumstances**, that **admission** of the evidence would have an **adverse effect on the fairness** of the proceeding.A court will **not exercise its discretion** to exclude in such circumstances **unless the breaches are significant and substantial** and have rendered the evidence **unreliable**. Breaches **often arise from police breaches of PACE** including: * Illegal searches, * Identification evidence,* Confessions, * Covert surveillance, and* Undercover operations.

Answer 159

Exclusion based on mistake, untruth, oppression, or unreliability due to things said or done (s76) is **mandatory**-if the court finds that any of these grounds exist, it **must exclude** the evidence, whilst the court **may, but need not, exclude for unfairness** (s78).

Answer 160

There is a **clear breach of PACE** in the conduct of the identification procedure. It was quite suggestive. The admission of this identification evidence would have an **adverse effect on the fairness of the proceedings**. An eyewitness who says, “that's him”, is powerful evidence, therefore, the court **can exercise its discretion** to exclude it.

Answer 161

Character evidence falls into **two categories**: **bad** character evidence and **good** character evidence. * **Bad** character evidence is evidence **of, or of a disposition** towards, **misconduct**, **commission of offences**, or **other reprehensible behaviour** outside of the facts of the offence for which the defendant is charged (e.g. previous convictions)* **Good** character evidence is evidence of a **lack of, or a lack of a disposition** towards, **misconduct**, the **commission of offences**, or **other reprehensible behaviour**. There are **7 gateways to admission** of bad character evidence (limited as it is **extremely prejudicial**) and it can be very important in cases of "his word against hers"

Answer 162

* All party **agreement** * Evidence **adduced by the defendant** * Important **explanatory** evidence * Relevant to an **important matter in issue** between the prosecution and defence* Matter in issue between **co-defendants** * Correct **false impression** given by defendant * Defendant **attacked another's character**| Criminial Justice Act 2003

Answer 163

* Bad character evidence is admissible **if agreed between all parties*** **Rare** but may occur if the defence is based on a **change in behvaiour** from previous offending e.g. previous convictions ended a long time ago

Answer 164

* The evidence is **adduced by the defendant**, or * The evidence is **given by the defendant in response to cross-examination**.

Answer 165

Evidence is admissible under this gateway if: * without it, the jury would find it **difficult or impossible to properly understand other evidence** in the case, **and** * its value for understanding the case as a whole is **substantial**. There is often **overlap** between this and the '**propensity**' gateway. Example: D is charged with GBH. There is ID evidence from a witness who recognised D from their mutual association with a violent gang. The evidence of gang association may be admissible under 'important explanatory evidence' because it enhances the quality of the identification of the witness.

Answer 166

Often used by prosecutors as it permits admission of bad character evidence on the basis of:* **propensity** to **commit similar types of offences** (e.g. previous cautions and convictions) or* a **propensity** to be **untruthful** (e.g. convictions for dishonest offences).It can apply to **any important matter** in issueExample: D is charged with robbery. Any convictions for violent offences (e.g. battery, GBH) or dishonesty offences (e.g. fraud, burglary) may be relevant.

Answer 167

Propensity to commit similar offences is **not restricted to the same offences**; it includes all offences of the same kind. This means that **any offence that demonstrates a similar kind of behaviour** may be adduced under this gateway.

Answer 168

* There is **no minimum number of events** needed to show propensity, although the **more events there are, the more likely a propensity** is to be made out. * Unless the offence has **unusual or distinctive features** in common with the previous conviction, propensity is unlikely to be made out on the basis of a single conviction. * **Old and spent convictions can potentially still be admissible** as evidence of propensity, depending on the nature of the offence. * It is a **matter of fact**; the more unusual the features of the offence, the more likely it is to show propensity. Example: D is charged with distributing indecent images of children. D has a single previous conviction for the same offence. The offence involved demonstrates unusual behaviour and so a single conviction might still show propensity and therefore be admissible.

Answer 169

This has been restricted to **relate to offences only if untruthfulness forms part of the offence**. It is unlikely that it can be used to simply adduce evidence of dishonesty offences, such as theft and blackmail, unless it **relates directly to the type of offence charged** in the instant case.

Answer 170

This gateway may apply where co-defendants are running a **cut-throat defence** (i.e. blaming each other). * A defendant may seek to show that the **co-defendant has a history of committing similar offences** to the one charged and is, therefore, more likely to be the perpetrator. * Test for admissibility: '**substantial probative value**' rather than 'relevance' (i.e. going to making a fact in issue between the prosecution and the defence more or less likely), and it is therefore a **higher threshold**. * The evidence must also **relate to an important matter in issue** to be admissible.

Answer 171

A can seek to adduce this previous conviction, as it has **substantial probative value** to an important matter in issue between the co-defendants as a recent conviction for a similar type of offence, using the same type of weapon.

Answer 172

**Substantial probative value**

Answer 173

* The evidence **corrects a false impression given by the defendant**. * This includes evidence **given by the defendant in court or before** court proceedings under caution and **evidence given by defence witnesses or elicited by defence questioning**.Example: D suggests he is an upright person who would never commit the kind of offence he is accused of. If his criminal record shows this is a lie, the prosecution can seek to introduce this evidnce of bad character in cross-examination to correct false impression

Answer 174

When the **defendant makes an attack on another person's character**, their **own bad character will become admissible** under this gateway. * The attack **need not take place during the defendant's evidence** at trial. It can also take place while **questioned under caution** or **upon charge**. * If **defence counsel pursues a line of questioning** during cross-examination which is intended to elicit such evidence, the defendant's bad character will also be admissible. It can be difficult to put forward a defence without falling foul of this gateway.* Note that an attack covers a **wide variety of allegations**, including suggesting that a witness is biased, raising their previous convictions, or accusing the police of misconduct. Example: D is charged with assault and says they were acting in self-defence because V attacked them first. This could be considered an attack

Answer 175

Prosection must **provide notice in a set form** and served within:* **20 business days** of entry of a **not guilty plea** in the **Magistrates**' Court or * **10 business days** of entry of a **not guilty** plea in the **Crown** Court. If the defendant wishes to oppose, the **notice to oppose must also be served in a set form within 10 business days**. The application may be decided at a **pre-trial hearing** or **on the day of trial in absence of the jury**.

Answer 176

Within **10 business days** of entry of a not guilty plea

Answer 177

Within **20 business days** of entry of a not guilty plea

Answer 178

The **trial will be halted** to hear the application. * The matter will be considered in the Crown Court by the **judge in absence of the jury**. * In the Magistrates' Court, the **bench hearing the trial will consider the application** themselves and put the evidence from their mind if they decide not to admit it. Once the **application is dealt with**, the **trial can resume**.

Answer 179

Within **10 business days** of the prosecution's notice.

Answer 180

* 'An important matter in **issue between the prosecution and defence**' or* 'the defendant **attacked another's character**'In making this decision, the court must have regard to the **amount of time that has elapsed** between the matters that constitute the bad character evidence and the offence charged.

Answer 181

The **amount of time that has elapsed** between the matters that constitute the bad character evidence and the offence charged.

Answer 182

A **lack of a criminal record** or **other noteworthy, commendable behaviour**, such as extensive voluntary work, other public service, long record of gainful employment, contributions to the local community through religious organisations..

Answer 183

A good character direction consists of **two parts**: * the **propensity** direction (i.e. a person of good character is less **likely to have committed this offence**) and * the **credibility** direction (a person of good character is **more likely to be credible when they assert their innocence** either before or during trial).

Answer 184

A defendant who has **no previous convictions** is entitled to a good character direction * If the defendant has **previous convictions that are old, minor, and not related** to the current charge, the defendant will be considered of effective good character and **may** still receive a propensity and credibility direction. * If the defendant has **no previous convictions** but there is **other bad character evidence upon which the prosecution relies**, a good character direction will **probably not be available**.* If the defendant has **no previous convictions** but there is **bad character evidence which the prosecution does not seek to rely** on, the **judge has a discretion** to give a good character direction.

Answer 185

**No**, their statements are simply read out.

Answer 186

* Prosecution makes **opening speech**, outlining allegations and key evidence* Prosecution calls **witnesses*** [if applicable] Defence makes an application of **no case to answer*** Defence calls **witnesses*** Defence makes **closing speech** [Crown Court only] both prosecution and defence make closing speech* [Crown Court only] Judge **sums up** evidence* [Crown Court only] **Jury deliberate*** Bench or judge (Magistrates' Court) or jury (Crown Court) deliver **verdict*** [if applicable] If guilty, **pre-sentence reports** may be ordered* [if applicable] Bench (Magistrates' Court only) or judgepasses **sentence**

Answer 187

After prosecution witnesses, before any other defence witnesses.

Answer 188

* **Examination in chief**: A witness will first be **questioned** by the party that has **called them*** **Cross examination**: They are then questioned by the **other side** * **Re-examination**: Only if **new issues** arise during cross-examination, the witness can be re-examined by the **party who called them**. Example: A prosecution witness will first be questioned by the prosecution, and they will then be questioned by the defence.

Answer 189

Only **non-leading questions**. Non-leading questions are questions that **do not suggest the answer**. They will typically start with **who**, **what**, **where**, **when**, **why**, or **how**. Alternatively, they may be open questions, like "**describe**" or "**tell me about**". They may **piggyback** upon a witness's previous answer.

Answer 190

The **defence are entitled to object** to this (although they will **only do so if it goes to a matter in issue** between the prosecution and defence) because this is a leading question, suggesting the answer it sought.

Answer 191

**Yes**. This is a non-leading question. Although it piggybacks on the previous answer, it does not suggest the answer.

Answer 192

Witness to give their account unprompted

Answer 193

When the facts being elicited are uncontested.

Answer 194

Cast **doubt** upon the evidence given in chief and to put their client's account to the witness. In cross-examination, advocates may ask leading questions. Advo- cates will frequently use leading questions to put their case to a witness.

Answer 195

**Yes**, leading questions are permitted in cross-examination.

Answer 196

* **Competence** means that a witness is **allowed** to give evidence in court. * **Compellability** means that they **can be forced** to give evidence.

Answer 197

If it appears to the court that they are **not able to**:* **understand questions** put to them as a witness and * **give answers** to the court which **can be understood**. Subject to the above, **all witnesses** (other than the **defendant** and the defendant's **spouse or civil partner** and **co-defendant if there is one**) are competent to give evidence for the party that calls them. All competent witnesses are **compellable**.

Answer 198

**Prosecution**: **neither** competent nor compellable**Defence**: competent for the defence, but they are **not compellable**. Note, the **jury** (or **bench or judge** in the Magistrates' Court) may draw an **adverse inference** if the defendant does not give evidence.

Answer 199

The specimen direction states that: * The defendant is **entitled not to** give evidence* The jury **may draw such inferences** as appear proper; * Failure to give evidence on its own **cannot prove guilt**, but depending on the circumstances, the jury **may hold this failure agains**t the defendant; and * If the jury think the **only sensible explanation** for the decision not to give evidence is that the defendant has **no answer to the case** against them - or none that could have stood up to cross-examination -then it would be open to the jury to hold the failure to give evidence against the defendant.

Answer 200

It is for the **jury** to decide whether it is fair to hold the defendant's failure to give evidence against them. Note: a defendant **cannot be convicted on the basis of an adverse inference** from the failure to give evidence alone.

Answer 201

If D opts not to give evidence and leaves it to the jury to decide whether the mobile phone data, along with a possible adverse inference from not giving evidence, is **sufficient to prove guilt** beyond reasonable doubt.

Answer 202

**Prosecution or co-defendant**: **competent** but **not compellable** i.e. they may testify but they cannot be forced to) **unless** the offence involves:* assault, injury, or threat of injury to them or a child under 16 * a sexual offence on a child under 16* or attempting, conspiring, aiding, or abetting those crimes.**Defendant**: **competent** and **compellable** (unless they are jointly charged).

Answer 203

**Prosecution**: **not** competent or compellable **Defence**: **competent** but **not compellable**. However, if a co-defendant **pleads guilty** or the case against them is **dropped**, they **become an ordinary witness** and therefore become competent and compellable for either party.

Answer 204

**Prosecution**: Neither D nor C are competent or compellable **D's defence**: D wishes to call C as their witness. C is **competent** to give evidence for D but **cannot be compelled** to do so. If, just before the trial starts, C pleads guilty. C is now an ordinary witness and is both competent and compellable for either the prosecution or for D.

Answer 205

If they **plead guilty** or the case against them is **dropped**. They become an ordinary witness and therefore become competent and compellable for either party.

Answer 206

Those who are: * Under the age of **18** * With a **disability** or **disorder** likely to affect evidence* Affected by **fear** of giving evidence* Complainants in **sexual offences** or * Witnesses to specified **gun and knife crimes**.

Answer 207

* Placing a **screen** between the witness and the defendant* Allowing the witness to testify through a **video link*** Having court officers **remove their wigs and gowns*** Allowing the witness to **give evidence in private** * Allowing a witness to **pre-record testimony*** Using an **intermediary** to obtain information from the witness. In addition, the court can permit **any witness other than the defendant** to give evidence via **video link** if it is **in the interest of efficient or effective justice**.

Answer 208

At the **end of the prosecution calling witnesses**.The submission argues that the prosecution has **not presented enough evidence to amount to a prima facie case**. This is the case if the prosecution has either:* failed to adduce evidence of **one or more of the elements** of the offence or * if the evidence given is s**o unreliable** that no reasonable bench, judge, or jury could convict. This application is **heard by the judge in absence of the jury** (if in the Crown Court). If **successful**, the defendant is **acquitted**. If **unsuccessful**, the defence will then proceed to **advance their case**, which may include calling their own witnesses.

Answer 209

* **Individual magistrates**: "Sir" or "Madam"* **The bench collectively**: "Your Worships"* **District Judge**: "Sir" or "Madam"* **Crown Court Judge**: "Your Honour" when addressed or "His or Her Honour Judge [Surname]" when referred to in the third person.

Answer 210

* Do not knowingly or recklessly **mislead** the court * Do not be **complicit in another misleading** the court * Comply with **court orders** * Do not place yourself in **contempt of court** * Advise clients of where duty to court **outweighs** duty to client * Comply with **duties** to court * Ensure sensitive issues are **not misused** and **do not offer to pay** witnesses

Answer 211

* **Meeting the outcome**: Advising clients to comply with court order* **Failing the outcome**: Constructing facts supporting client case which are not properly arguable or make a baseless allegation of fraud

Answer 212

* **Meeting the outcome**: Drawing court's attention to relevant cases and procedural irregularities * **Failing the outcome**: Suggesting crime, fraud, or misconduct unless it goes to a matter in issue or is supported by reasonable grounds

Answer 213

* **Meeting the outcome**: Ensuring child witness evidence is kept securely * **Failing the outcome**: Calling a witness whose evidence you know is untrue

Answer 214

* **Meeting the outcome**: Informing the court if you have inadvertently misled the court, or withdrawing * **Failing the outcome**: Attempting to influence a witness when taking their statement as to their evidence

Answer 215

* **Meeting the outcome**: Refusing to act for client if you become aware client has misled the court, or disclose to the court with client's consent * **Failing the outcome**: Tampering with evidence

Answer 216

* **Meeting the outcome**: Not appearing for client if anyone within firm is likely to be called as a witness* **Failing the outcome**: Naming in court a third party whose character would be called into question, unless in proper conduct of the case

Answer 217

**Failing the outcome**: Calling into question the character of a witness you have cross-examined unless the witness has had the opportunity to answer

Answer 218

* Solicitor must **advise** the client carefully on the **strength of the evidence** and of **credit for guilty plea**. * If the defendant remains adamant that they will plead not guilty, the solicitor **may continue to act** for them but cannot put anything before the court they know to be untrue. This means the solicitor will be able to **test the strength of the prosecution evidence** but will **not be able to put forward a positive defence**. * If the defendant wishes to advance an **alternative defence**, the solicitor will have to **withdraw**.

Answer 219

* Solicitor should **advise the client of the defence available**. * If the defendant insists on pleading guilty, the solicitor **can continue to act**, but they will **not be able to put forward anything in mitigation** that suggests the defendant did not commit the offence. This is because a solicitor may not mislead the court, and by pleading guilty a defendant is accepting guilt. To suggest in mitigation that the defendant does not accept guilt would prompt the judge to reexamine the plea.

Answer 220

* The solicitor is under a **positive duty** to assist the court on **points of law**, even if this **goes against the defendant's interests**. * There is **no duty** to assist if a solicitor is aware of **missing or misinterpreted facts**, but they may **not mislead the court**.

Answer 221

The defence solicitor may find themselves to be the **only legally qualified person in the room**. * The solicitor may appear before a **lay bench**, guided by a **legal advisor** who has not necessarily completed their route to qualification* The prosecution case may be put forward by a **prosecution caseworker** who might not be a qualified lawyer either.

Answer 222

The solicitor representing the defendant is under a duty to **correct the court** and point out that the bench cannot decline jurisdiction for thefts under £200.

Answer 223

Whilst it is disadvantageous to the defendant, the defence solicitor is under a duty to **correct this legal error**.

Answer 224

When their accounts are aligned.

Answer 225

The solicitor will **normally have to withdraw** from the case **entirely**. The solicitor may continue to act for one of the defendants only if the **duty of confidentiality** to the other defendant would not be com- promised.

Answer 226

A solicitor would in these circumstances **probably have to withdraw** from the case entirely. The solicitor would be able to continue to act for D only if they had not yet taken any information from C that would breach the solicitor's duty of confidentiality if disclosed to D.

Answer 227

The court may decide to order **pre-sentence reports** from the probaton service or psychiatric reports before passing sentence - to help **determine the appropriateness of various sentencing options**.

Answer 228

* Sentencing guidelines* Aggravating and mitigating factors relating to the offence* Totality principle* Mitigation (Guilty plea and mitigating factors relating to defendant)

Answer 229

* To ensure **consistency** of sentence for similar offences.* These guidelines offer a **starting point** for an offence and list aggravating and mitigating factors, which may increase or lower the sentence respectively. * Courts are **obliged to follow** the guidelines unless it is against the interest of justice to do so.

Answer 230

If it is **against the interest of justice** to do so.

Answer 231

* Factors that the court **must take into account** in determining the **seriousness** of the offence.* These factors **apply to all offences** (if relevant). * In addition to the overarching guidance on seriousness, there are **various offence-specific guidelines** that courts must consider when sentencing for a relevant offence.

Answer 232

* Previous **convictions** if it is reasonable to do so (having regard to their **nature** and the **time passed** since conviction) * Offence committed whilst on **bail** * **Racial** or **religious** aggravation * Hostility based on **sexual orientation**, **transgender identity**, or **disability**

Answer 233

* Offence **premeditated** * Offence committed **in a group** * Targeting **vulnerable victim** * Offence committed under the influence of **drugs or alcohol** * **Abuse of position** of trust * Use of **weapon** * **Gratuitous violence or damage** to property * Victim providing a **service to the public** * **High value or sentimental nature** of property * **Failure to respond** to previous sentence

Answer 234

* Offence committed on **impulse** * Defendant subject to high degree of **provocation*** Defendant has a **disability** or **mental illness*** Defendant is **very young** or **very old** * Defendant played a **minor role*** Defendant was motivated by **fear*** Defendant has **attempted to make reparation** with the victim

Answer 235

The court **must** consider D's previous **convictions** and the **hostility based on sexual orientation** as aggravating factors. They **may** also consider the use of a **weapon** an aggravating factor under the guidelines on seriousness. The guidelines on burglary indicate that a **nighttime offence with the victim at home** may also be considered aggravating factors.

Answer 236

The **overall sentence** must not be **disproportionate** to the **overall seriousness** of the offending behaviour. * If offences arise out of the **same matter and are connected** and the defendant is found guilty of more than one of the offences, sentences will generally be **concurrent** (served at the same time)* If the defendant is found guilty of multiple offences that **did not arise out of the same conduct**, **consecutive** sentences are more likely to be imposed (sentences will be served after each other)

Answer 237

The court is likely to impose **concurrent** sentences for the **GBH and ABH** offences, as they arise out of the same incident. They may prefer to impose a **consecutive** sentence for **theft**, since it is not related to the other offences.

Answer 238

An **address by the defence** giving the judge reasons why the **lowest possible sentence** should be imposed. The advocate will address a number of points for the court to take into account:* Remind judge of **credit for guilty plea*** Mitigating factors in relation to the **offence itself*** Minimise aggravating factors* Mitigating factors in relation to the **defendant themselves**

Answer 239

* The **earlier** the guilty plea is entered, the **greater the reduction** in sentence the defendant will receive. * If the defendant pleads guilty at the **first opportunity**, they will receive a **one-third reduction** in sentence. * This is because **time, expense, and anxiety for witnesses is avoided** when a defendant pleads guilty.

Answer 240

* **Age** (particularly young or old)* **Health** (long term or mental health)* Good **character*** **Work** and **home** situation* **Progress** since the offence was committed* **Remorse** for offending * **Efforts to address** the offending* Early guilty **plea**

Answer 241

D's mental health issues, their family situation, their age, good character, remorse, and voluntary efforts at compensation can all be put forward in mitigation.

Answer 242

* **6 months** for single or multiple summary only offences* **12 months** for single or multiple either way offences.

Answer 243

The **maximum sentences** under the **sentencing guidelines** for each offence.

Answer 244

* Custodial Sentences * Suspended Sentences* Community Orders* Fines * Discharges* Victim Surcharge

Answer 245

* Only when the **custody threshold has been passed** (i.e. no offender should be sentenced to a custodial sentence unless the offence/offences is **so serious that neither a fine nor a community order can be justified** for the offence). * The **sentencing guidelines** must be used to determine the appropriate length and the sentence must be the **shortest term that is commensurate with the seriousness** of the offence/offences* An offender will **generally spend half their sentence in custody** and the remaining half on licence. If an offender breaches any term of the licence or commits any further offences during the term of the licence, they would automatically be returned to custody to complete the remainder of the sentence.

Answer 246

They would **automatically** be returned to **custody** to **complete the remainder** of the sentence.

Answer 247

* When the **custody threshold has been passed** in place of an immediate custodial sentence.* The offender is not placed in custody but will be **liable to serve the sentence** in custody if they **break any conditions** of the suspension or if they **commit any further offences** whilst subject to the suspended sentence. * The **Crown** Court can suspend a **two-year** sentence (max period of suspension), and the **Magistrates**' Court can suspend a **six-month** sentence. * The court is able to impose **additional requirements** (e.g. a community order) as a part of the suspended sentence. If a defendant breaches a suspended sentence requirement/commits an offence whilst subject to a suspended sentence, the court may: (1) activate the **custodial term** imposed(2) activate a **reduced term** to reflect the period of compliance with the suspended sentence, (3) **amend the requirements** of the sentence to be more onerous, or (4) **extend the period** of suspension originally imposed.

Answer 248

The court may: * activate the **custodial term** imposed* activate a **reduced term** to reflect the period of compliance with the suspended sentence, * **amend the requirements** of the sentence to be more onerous, or * **extend the period** of suspension originally imposed.

Answer 249

* A sentences **carried out in the community rather than in custody**. * The court can impose one if it considers an order to be the **most suitable sentence** for the offender.* The court will **impose restrictions** (varied and may be in combination) that are **commensurate with the seriousness** of the offence.* The **probation service** will frequently provide a **pre-sentence report** if a community order is considered. The probation service will advise on the **suitability** of any order and **particular requirements**.* If an offender **breaches** a community order, they can be subject to **breach proceedings**. This can result in the order being **amended** and more onerous terms being imposed, or it can even result in the order being **revoked** and the offender being sentenced to immediate custody.

Answer 250

* **Unpaid work** requirement **Rehabilitation** activity requirement* **Programme** requirement, such as a sex offenders or drink driving programme* **Curfew*** **Exclusion** from a particular area* **Residence** requirement* **Mental health treatment** requirement* **Drug** rehabilitation or **alcohol** treatment requirement

Answer 251

An offender can be subject to **breach proceedings**. This can result in:* the order being **amended** and more onerous terms being imposed, or * the order being **revoked** and the offender being sentenced to **immediate custody**.

Answer 252

**Both** Crown and Magistrates' Courts, either as **sole sentence or in combination** with any other sentence (save for a discharge).

Answer 253

If the court **does not feel any other sentence is merited**, the court can opt to impose a discharge. * An **absolute** discharge means there is **no punishment** whatsoever, **except for the recording of the offence** on the record * A **conditional** discharge means the defendant **must not offend again for a specified period** (up to three years) **or they will face being resentenced** for the original offence.

Answer 254

* **In addition to any sentence** imposed, when a defendant is sentenced, a **victim surcharge must be levied**. * This is **compulsory*** The **amount charged will depend on the type of sentence** imposed* The surcharge does not go directly to the victim but instead is **pooled and distributed by a Fund**.

Answer 255

**No**, it is pooled and distributed by a Fund

Answer 256

The defendant can **offer written a basis of plea** to the prosecution. * If the prosecution **accepts** that the basis offered reflects the seriousness of the offending, the **defendant can then be sentenced** on the agreed basis. * If the prosecution **does not accept** the defendant's basis of plea, the court will hold a **Newton hearing** to settle the disputed facts.

Answer 257

A hearing held where a **defendant wishes to plead guilty** where facts that are **disputed** between the prosecution and defence are settled.A Newton hearing takes the **form of a trial** in which witnesses are called to give evidence. * If the hearing is settled in the **prosecution's favour**, the **defendant will lose any credit** for the guilty plea.* If the hearing is settled in the **defendant's favour**, the **defendant will retain any credit** for the guilty plea.

Answer 258

A **Newton hearing** is likely to be held.

Answer 259

* A right to appeal **conviction** or **sentence** to the Crown Court* A right to appeal to the Divisional High Court by way of **case stated** (i.e. decision is wrong in law or in excess of jurisdiction)

Answer 260

* Appeal to the Crown Court **only against sentence**.* A right to appeal to the Divisional High Court by way of **case stated** (i.e. decision is wrong in law or in excess of jurisdiction)

Answer 261

* A right to appeal to the Divisional High Court by way of **case stated** (i.e. decision is wrong in law or in excess of jurisdiction)* Prosecution has **no right** to appeal to the Crown Court

Answer 262

* The defendant must **lodge a written notice of appeal** with the convicting/sentencing court within **15 days**.* There is **no requirement to set out the basis** of appeal as the court has no power to decline jurisdiction. However, it is usual practice to set out the grounds of appeal.

Answer 263

* The matter is heard by a **Crown Court Judge** supported by **at least two**, and **no more than four**, magistrates. * It constitutes a **complete rehearing**, which means **new evidence** can be called* The Crown Court has the power to **increase as well as reduce the sentence** imposed, although they are **restricted to the sentencing powers of the Magistrates' Court**. * The Court can also impose a **costs order** on the defendant should the appeal be unsuccessful.

Answer 264

**Yes**, it has the power to increase as well as reduce the sentence imposed, although they are **restricted to the sentencing powers of the Magistrates' Court**.

Answer 265

If the appeal is **unsuccessful**.

Answer 266

**No** it is restricted to the sentencing powers of the Magistrates' Court

Answer 267

* An appeal from the Magistrates' Court to the **Divisional Court (High Court)** made by either the prosecution or defence. * It must be on the ground that the **decision is wrong in law or in excess of jurisdiction**. * The application must be made **in writing** within **21 days** of the decision that is appealed to the convicting/sentencing Magistrates' Court, and it must **include the point of law** subject to the appeal. * The appeal is heard by **three judges**, and only legal arguments will be made; there will be **no rehearing of evidence**. * Common arguments: the bench **misunderstood or misapplied the law**, made errors on the **admissibility of evidence**, or heard a **case outside their jurisdiction**.

Answer 268

**Applicant*** Crown Court: Defendant only * Divisional Court: Prosecution and Defendant**Time limit*** Crown Court: 15 days* Divisional Court: 21 days**Application/Grounds*** Crown Court: Written notice, no requirement to set out basis* Divisional Court: Written notice, must include point of law subject to appeal**Grounds*** Crown Court: Conviction or Sentence* Divisional Court: Decision is wrong in law or in excess of jurisdiction**Hearing** * Crown Court: Rehearing with new evidence* Divisional Court: Legal arguments only, no rehearing of evidence

Answer 269

Can appeal **conviction (if unsafe)** and **sentence (if wrong in law, wrong in principle or manifestly excessive)** * Defendant must obtain **leave to appeal** as a first step.* This can be granted either by the** trial judge or the Court of Appeal** itself. * If a defendant seeks leave from the **Court of Appeal**, they must lodge a notice for application of leave to appeal within **28 days** of the decision with the convicting/sentencing court.* The Crown Court will then send the appeal to the Court of Appeal, where a **single judge will decide** whether leave to appeal should be granted. * If **refused**, the defendant can **renew the application to the full court**

Answer 270

Only if it is '**unsafe**'. This may be if:* **evidence** was wrongly admitted or excluded* a **direction** was wrongly given or omitted* the conduct of the trial judge demonstrated obvious **bias*** there was wrongful exercise of **discretion*** there were **errors in summing up*** there were problems relating to the **jury**.When hearing the appeal, the Court of Appeal can:* **quash** the conviction and **order either acquittal or a retrial*** find the defendant **guilty of some offences but not others*** find the defendant **guilty of alternative offences** or* **dismiss** the appeal.

Answer 271

The Court of Appeal can:* **quash** the conviction and **order either acquittal or a retrial*** find the defendant **guilty of some offences but not others*** find the defendant **guilty of alternative offences** or* **dismiss** the appeal.

Answer 272

The Court of Appeal could decide to quash D's conviction on the grounds that the **conviction is unsafe**.

Answer 273

The sentence was wrong in **law**, wrong in **principle**, or **manifestly excessive**.* The Court of Appeal can **quash any sentence** imposed by the Crown Court and **impose any sentence it deems appropriate**.* However, it cannot **exceed the sentence imposed by the Crown Court**. * Any new sentence imposed by the Court of Appeal will be deemed to have been **imposed at the original sentencing date**, which means any further time spent in custody pending appeal will be taken into consideration.

Answer 274

The prosecution:* **cannot** appeal a decision by the jury to **acquit** a defendant* **can** appeal **rulings made by the judge** during the course of the trial e.g. a judge's decision that there is no case to answer or decisions regarding the admission or exclusion of evidence, such as a refusal to admit a confession or identification evidence. * The **Attorney General** may also refer a case to the **Court of Appeal** if they feel a sentence passed was **unduly lenient** and **permission is granted by the Court of Appeal** itself.

Answer 275

If they feel a sentence passed was **unduly lenient** and **permission is granted by the Court of Appeal** itself.

Answer 276

By the **defendant** or **prosecution** only if: * The Court of Appeal or the Supreme Court grant **leave** to appeal, and * The Court of Appeal certifies that a point of law of **general public importance** is involved.

Answer 277

* A **part of the Magistrates' Court** and deals with youths aged between **10 and 17**.* Proceedings are conducted in a **closed courtroom** where the public are excluded. The press is permitted to attend but is subject to **reporting restrictions** that prevent the publication of any details likely to lead to the identification of the defendant. * Proceedings are conducted in a **less formal manner** with representatives remaining seated when they address the bench and all parties, including the defendant, sitting at the same level. Formalities of address are also largely dispensed with, and there is an increased emphasis on using plain English.

Answer 278

**Yes** subject to **reporting restrictions** that prevent the publication of any details likely to lead to the identification of the defendant.

Answer 279

* The Youth Court **may elect to retain the case** for trial or **remit the case to the adult Magistrates' Court**. * In either event, the court will have the **full range of sentencing options available in the adult court** upon conviction.

Answer 280

If a youth **turns age 18 during the course of proceedings** and theYouth Court elects to retain the case for trial

Answer 281

* Murder, attempted murder, or manslaughter* Certain firearm offences * Specified violent, sexual, or terrorism offences where the youth is considered dangerous.

Answer 282

An offence punishable in the adult court by a sentence of **14 years or more**, such as robbery, rape, or a specified firearms or sexual offence.* When a youth appears charged with a grave crime, the Youth Court considers the **adequacy of its sentencing powers** in determining whether to accept jurisdiction. * The Youth Court should send cases to the Crown Court **only if it feels its maximum sentence is insufficient** and that a **sentence of long term detention would be more appropriate**. * The court must conclude that there is a **real prospect of a custodial sentence of substantially more than two years** to decline jurisdiction.

Answer 283

* The **adequacy of its sentencing powers** (only send to Crown Court if maximum is insufficient and an sentence of long term detention would be more appropriate)* Whether there is a **real prospect of a custodial sentence of substantially more than two years**

Answer 284

The youth will also be sent to the Crown Court for trial.

Answer 285

The youth will be tried alongside the adult in the Magistrates' Court.

Answer 286

Magistrates' Court

Answer 287

* Referral Orders* Youth Rehabilitation Orders* Detention and Training Orders

Answer 288

Comprehensive guidelines to both **Magistrates' and Crown Courts** on: * the **types of sentences** available when dealing with youths and * the **purpose and role of sentencing** when dealing with youths.

Answer 289

**Preventing offending**. The court should give **primary focus to the offender above the offence** committed. There is an emphasis on rehabilitation, on avoiding criminalising youths unnecessarily, and on getting young offenders to take responsibility for their actions.

Answer 290

A referral to the **Youth Offender Panel**. * The panel comprises a member of the **youth offending team and two community representatives** * The panel will meet with the youth and their family and agree a **contract** (from **three to 12 months in length**) aiming to address the youth's offending, address their issues, and make restitution to the victim. * If the youth commits **further offences** whilst subject to a referral order, or if the terms of the order are **breached**, the **court has discretion** on whether to permit the order to continue or to revoke the order and resentence.

Answer 291

3 - 12 months

Answer 292

* address the youth's **offending**, * address their **issues**, and * make **restitution** to the victim.

Answer 293

Court has discretion on whether to **permit the order** to continue or to **revoke the order and resentence**.

Answer 294

**Must be made*** The defendant **pleads guilty to imprisonable offences** and has **not been convicted of an imprisonable offence before** (unless the bench intends to impose a custodial sentence or an absolute discharge)**May be made*** The defendant **pleads guilty to some but not all offences**, or* If a defendant has **previously received a referral** order**Cannot be made at all*** The defendant **pleads not guilty to all offences** but is **convicted** after trial

Answer 295

An order that can **last up to three years** and can include a **variety of conditions**, including:* **supervision** (attending appointments with the probation service)* **unpaid work** (completing up to 240 hours of unpaid work over a maximum of 12 months)* **activities** (making restitution to the victim or addressing their offending behaviour)* **programmes** (such as anger management)* **curfew*** **exclusion** from a specified area* **residence** requirements amongst others.

Answer 296

240 hours over a maximum of 12 months

Answer 297

The **custodial sentence** available to the Youth Court. * **10 and 11**: not available* **12 and 13**: available only for **persistent young offenders**.* **15 - 17**: an order can be imposed on any offender as long as the court is of the opinion that the case is **so serious** that only a custodial sentence is justified. A detention and training order can be imposed for a period of **4, 6, 8, 10, 12, 18, or 24 months**. The **first half of the sentence will be spent in custody**, and the second half of the sentence will be spent under the supervision of the **Youth Offending Team**. The Youth Offending Team, rather than the court, will decide the **conditions** of the supervision period. If the supervision element is breached, the court can order the youth to serve a **further period in custody**.

Answer 298

A defendant who has been sentenced on **three** occasions for an **offence punishable by imprisonment**.

Answer 299

When the court is of the opinion that the case is **so serious** that only a custodial sentence is justified.

Answer 300

The Youth Offending Team

Answer 301

The court can order the youth to serve a **further period in custody**.